PARIHAR SINGH Vs. SITA RAM SINGH

JUDGEMENT

(1.) This is a plaintiffs' petition in revision against an order passed by the learned Assistant Collector of Gyanpur in the district of Banaras staying a suit for ejectment which the plaintiffs brought against the defendants on 23-9-1949. From the relief contained in the plaint it appears that the suit purported to be under Section 34/58, Agra Tenancy Act, as applied to the erstwhile Banaras State.

(2.) The plaintiffs' case was that they were the tenants-in-chief of the plots in dispute, that they made a usufructuary mortgage of them to one Chunni Lal, that they had got the mortgage redeemed, that the defendants were sublet those plots by the mortgagee and that after the redemption, they became the sub-tenants of the plaintiffs, but they were denying the plaintiffs' rights. In para 3 of the plaint it was alleged that the plaintiffs did not want the defendants to continue as sub-tenants any further. Hence they prayed for their ejectment.

(3.) On 30-9-1950, learned Assistant Collector passed an order to the following effect: "In para. 2 of the plaint it is clearly pleaded that the defendants are the shikmi tenants holding from year to year. Consequently on the fact which has been alleged, the suit must be stayed. It is therefore, ordered that the suit be stayed until further orders." The plaintiffs come up in revision against this order and contend that according to law the suit cannot be stayed.